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How to Prepare Effective &
Convincing Visuals for Trial (Continued)
by Rick Kraemer
Simplify the Information
Even in relatively simple cases, details can be confusing to jurors. Visuals can
easily depict the who, where, what and when of a case to help avoid this
confusion. The "whos," (individuals, corporations, other entities) can be
portrayed by specific photographs, icons or drawings so that each time the
individual or entity is identified, the same photograph or icon is used. This
increases jury recognition and association. By strategizing visuals early,
photographs of the case principals can be taken during depositions. The "where"
of your case can be displayed as a floor plan, location map or location photo.
Often, questions can be asked during discovery to obtain the visuals necessary
for trial. The "what" and "when" of a case are usually depicted through the use
of timelines and calendars.
 Visuals can be refined with the help of mock
trials and focus groups, says attorney Garo Mardirossian. "You can use their
comments to improve your graphics," he says. "We also use graphics at
mediations and settlement conferences, always being careful not to tip our hand
as to impeachment evidence. When the other side sees that we’re so
well-prepared, there is a better likelihood they will think twice about taking
the case to court. Preparing graphics early also helps me focus on what is
important in the case."
Visuals, whether they are flow charts, diagrams or graphs, elimate excess words.
Complex ideas that would take thousands of words to explain are broken down
into pictures or graphs that jurors can readily understand. Significant
passages in a large cumbersome document can be enlarged on a display board or
overhead, which enables jurors to bypass needless information and focus just on
the key wording.
Telling a story at trial is similar to telling a story in a motion picture. A
successful film introduces characters and subplots as part of a well-crafted
storyline as the movie heads toward a climactic finale. A trial can be viewed
in much the same way. Juries don’t want to be given the entire case all at once
(much like watching the last 15 minutes of a movie). A dramatic effect can be
created in the courtroom by disclosing information in a step-by-step
"storyline" progression using overlays or adding pieces to a magnetized board –
all the time bringing the jurors to your conclusion.
Organizing the Information
Just as your case theme must "stay on message," so should your graphics. Whether
you use check charts, diagrams, graphs or schematics, items on these boards
should be coordinated by color, shape and size. This is the job for your
graphics consultant.
By bringing a graphics consultant early in the case, you also can be sure that
your expert witnesses’ graphics will coordinate with your graphics. When
experts prepare their own graphics without input from your graphics consultant
they may use colors or icons that contradict your graphic images, thus
confusing the jury and muddling the message. Coordinating the visuals of the
expert witnesses with your own will ensure that all graphics are on message.
Wording repetition is also important in your graphics. For example, if you wish
to call the defendant in your case John Johnson, you will want to call him John
Johnson both verbally and throughout the graphics (not "John," not "Mr.
Johnson" or "J. Johnson"). Using consistent terms to describe individuals,
companies, locations, items, procedures, etc. helps jurors to easily follow
your story.
Continues... Page 3
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